ARICHAVALA v. SCREEN TECH


290 A.D.2d 405 (2002)

736 N.Y.S.2d 600

EDMUNDO ARICHAVALA et al., Respondents, v. SCREEN TECH et al., Defendants, and JOSEPH ZUCCARELLO, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 14, 2002.


Ordered that the appeal is dismissed, with costs.

It is well settled that a litigant may not raise any issue on a subsequent appeal which was raised, or could have been raised, in an earlier appeal which was dismissed for lack of prosecution (see, Bray v Cox, 38 N.Y.2d 350). Here, the appellant appealed from a prior order of the Supreme Court, Kings County, dated August 20, 1999...

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